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• <br />Minutes, July 22-24, 1992 <br />D RA1FT <br />Subject To Board Approval 1 ~ <br />Mr. Johnson said that also at the Board's request, he had developed <br />Exhibit D, a cease and desist order_ that would be used to address the <br />specific facts of a case, specifically when an operator argues that a <br />particular activity should not be considered mining. In thi; instance, <br />the Board would use the cease and desist order presented as Exhibit D, <br />and describe the facts of the case, i.e., the reason the a~:tivity was <br />deemed mining. Mr. Johnson clarified that the cease and de~;ist orders <br />presented as Exhibits A, B and C would be used when the op~=rator does <br />not have an issue with the violation. <br />It was MOVED that the Board approve all four forms, as presented, <br />adopting them for use in the appropriate cases effectively <br />immediately. SECONDED AND PASSED UNANIMOUSLY (Kraeger-Rovey, Cooley, <br />Stewart, Danielson, Danni and Cattany). <br />14. FORMAL PUBLIC HEARING <br />SUMMITVILLE CONSOLIDATED MINING COMPANY, INC <br />GALACTIC RESOURCES, INC. <br />GALACTIC RESOURCES, LTD. <br />P. 0. Box 2G <br />Del Norte, CO 81132 <br />All persons wishing to give testimony were sworn. <br />Secs. 25, 29 and 30, R3E; Sec. 25, R4E, T3N, <br />County, 1,231 acres; 112 open pit mine and <br />facility. Consideration of a proposed amendment <br />Settlement Agreement and Board Order (continued <br />Board Meeting). <br />Alt wishing to give testimony were sworn. <br />File No. M-84-157 <br />N.M.P.M., Rio Grande <br />cyanide heap leach <br />to the J~ 1 y 1 , 1 991 <br />from the June 1992 <br />Mr. Frank Johnson, Assistant Attorney General, presented E)(HIBIT A, a <br />proposed amendment to the July 1, 1991 Settlement Agreement. A draft <br />amendment, including a summary of the highlights of the amendment, was <br />presented to the Board during its May 1992 Meeting. An updated <br />proposal for the amendment and another summary were sent t~> the Board <br />prior to this Meeting. <br />Mr. Johnson informed the Board that the major changes in the Settlement <br />Agreement concern the financial warranty. He said that within a few <br />days of the May 1992 Board Meeting, the Division received 34 million in <br />Cash as an interim financial warranty. Provisions of the Agreement <br />relating to the financial warranty have been amended. The Division has <br />received an interim financial warranty totaling $5 million; $1 million <br />is a promissory note secured by funds on deposit in the Stare of Nevada <br />and is the subject of a dispute between a subsidiary ~f Galactic <br />Resources Limited and a contractor that worked on one of their gold <br />mines. <br />Mr. Johnson said the Agreement has been signed by all parties, <br />including the Division, the Department of Health (DOH), Water Quality <br />Control Commission (WQCC), SCMCI, Galactic Resources, Inc., and <br />